AK · rules
Alaska R. Civ. P. 36
Requests for Admission
(a) Request for Admission. A party may serve upon any
other party a written request for the admission, for purposes of
the pending action only, of the truth of any matters within the
scope of Rule 26(b)(1) set forth in the request that relate to
statements or opinions of fact or of the application of law to
fact, including the genuineness of any documents described in
the request. Copies of documents shall be served with the
request unless they have been or are otherwise furnished or
made available for inspection and copying. Without leave of
court or written stipulation, requests for admission may not be
served before the time specified in Rule 26(d).
Each matter of which an admission is requested shall be
separately set forth. The matter is admitted unless, within 30
days after service of the request, or within such shorter or
longer time as the court may allow or as the parties may agree
to in writing, subject to Rule 29, the party to whom the request
is directed serves upon the party requesting the admission a
written answer or objection addressed to the matter, signed by
the party or by the party’s attorney. If objection is made, the
reasons therefor shall be stated. The answer shall specifically
deny the matter or set forth in detail the reasons why the
answering party cannot truthfully admit or deny the matter. A
denial shall fairly meet the substance of the requested
admission, and when good faith requires that a party qualify an
answer or deny only a part of the matter of which an admission
is requested, the party shall specify so much of it as is true and
qualify or deny the remainder. An answering party may not
give lack of information or knowledge as a reason for failure to
admit or deny unless the party states that the party has made
reasonable inquiry and that the information known or readily
obtainable by the party is insufficient to enable the party to
admit or deny. A party who considers that a matter of which an
admission has been requested presents a genuine issue for trial
may not, on that ground alone, object to the request; the party
may, subject to the provisions of Rule 37(c), deny the matter or
set forth reasons why the party cannot admit or deny it.
The party who has requested the admissions may move to
determine the sufficiency of the answers or objections. Unless
the court determines that an objection is justified, it shall order
that an answer be served. If the court determines that an
answer does not comply with the requirements of this rule, it
may order either that the matter is admitted or that an amended
answer be served. The court may, in lieu of these orders,
determine that final disposition of the request be made at a
pretrial conference or at a designated time prior to trial. The
provisions of Rule 37(a)(4) apply to the award of expenses
incurred in relation to the motion.
(b) Effect of Admission. Any matter admitted under this
rule is conclusively established unless the court on motion
permits withdrawal or amendment of the admission. Subject to
the provisions of Rule 16 governing amendment of a pretrial
order, the court may permit withdrawal or amendment when
the presentation of the merits of the action will be subserved
thereby and the party who obtained the admission fails to
satisfy the court that withdrawal or amendment will prejudice
the party in maintaining the action or defense on the merits.
Any admission made by a party under this rule is for the
purpose of the pending action only and is not an admission for
any other purpose nor may it be used against the party in any
other proceeding.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 98 effective September 16, 1968; amended by SCO 158 effective February 15, 1973; by SCO 1153 effective July 15, 1994; and by SCO 1172 effective July 15, 1995)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0880f7e914cf8e41be40b8f525ea009b6d5d2376dce1f92e2b9f82438dc51eb3
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